4101:9-1-03
Application for individual license.

(A)
An application for a license authorizing
the employment of individuals with a disability at less than the minimum wage
shall be made upon forms provided by the superintendent of the
division.

(B)
An application for an
individual license must be submitted for each worker for whom an individual
rate is required.

(C)
The
application shall set forth the nature of the disability, a description of the
occupation at which the individual with a disability is to be employed, and the
wage the employer proposes to pay the individual with a disability.

(D)
There can be no substitution for payment
of a remuneration on account of a service provided; nor may services provided
be used to off-set payment of the authorized wage.

(E)
Subject to
section 5123.022 of the Revised
Code, the superintendent may require the submission of
additional information to that shown on the application and may require the
individual with a disability to take a medical or psychological examination in
order to determine whether the issuance of a license is justified.

(F)
Learning period of employment. During a
learning period of employment not to exceed ninety working days from the date
of employment, a commensurate wage or a rate of not less than fifty per cent of
the minimum wage, whichever is less, shall be paid.

(1)
Eighty hours of this learning period
shall be used to determine the individual's productive capacity by utilization
of a performance and merit rating form. At the end of the first eighty hours of
the learning period of employment, application for the individual license and
the performance and merit rating form shall be sent, in duplicate, to the
department requesting a wage rate which shall be commensurate with the
individual's demonstrated productive capacity.

(2)
For an employer who does not have a
sheltered workshop or work activities center license, an application to the
superintendent is required during the ninety-working-day learning period of
employment, for issuance of a temporary license for payment at the commensurate
wage or at not less than fifty per cent of the minimum wage, whichever is
less.

(3)
Under these rules the
superintendent may issue a ninety-working-day temporary license for the
on-the-job trainees during the learning period permitting the payment of a
commensurate wage or a rate of not less than fifty per cent of the minimum
wage, whichever is less. Such temporary license may be issued only for the
ninety-working-day learning period of employment.

(G)
In instances where workers who do not
have a disability are employed at piece rates, workers with a disability in the
same occupation shall be paid at the full piece rate.

(H)
The terms of any license, including the
wage rate specified therein may be amended by the superintendent or his or her
authorized representative upon written notice to the parties concerned if the
facts justify such amendment.